Authors: Kuper & Kuper
Summary: This entry presents a broad definition of human rights, notes the debate over the very status of human rights as a concept, and considers what items might qualify as human rights.
Human rights are defined as those rights which all persons hold by virtue of the human condition. There has been a long-running debate over whether human rights are universal or whether they are the product of particular cultures and societies. The 1993 World Conference on Human Rights proclaimed that "while the significance of national and regional particularities and various historical, cultural and regional backgrounds must be borne in mind, it is the duty of states, regardless of their political, economic, and cultural systems, to promote and protect all human rights and fundamental freedoms" (art. 5).
Human rights do not consist only of civil and political rights. There also exist economic, social and cultural rights, notably those reflected in the International Covenant on Economic, Social and Cultural Rights, which has been ratified by countries from all parts of the world. The possessors of human rights, as reflected in the intellectual tradition and in the major international instruments, are individuals, with the sole exception of the right to self-determination, which applies to peoples.
International law is the source of some human rights, but they are most clearly set out in a series of international treaties developed since the mid-1960s. In particular, the two International Covenants on Human Rights (1966) cover all the major civil, political, economic, social, and cultural rights.
Finally, the entry notes that few human rights are absolute; prohibitions against torture are an exception. In times of national emergency states are permitted to disregard human rights, but certain rights may not be disregarded, whatever the circumstances. peoples.
General international law is the source of some human rights, but they are most clearly set out in a remarkable system of international treaties, all developed since the mid-1960s. In particular, the two International Covenants on Human Rights (1966) cover between them all the major civil and political, and economic, social and cultural rights.
Very few human rights are absolute: the prohibition against torture is such a right. In times of national emergency states are permitted to derogate from human rights; but certain rights may not be derogated from, whatever the circumstances.